Is this allowed?

[cca 13]

we are planning to move back to the UK next sep in order for me to go back to University (I am doing a medical course and the NHS pay for the tuition fees so its a lot cheaper than if I were to do it in the USA)

However this will be before I got the conditions lifted for permenent residency. Would we be allowed to fill out a re-entry permit given the circumstances or is there no way this is allowed before conditons are lfted?

Thank you

PS we do plan on coming back to the states after i graduate (2-3 yrs)

[imaisha 1]

According to page 2 of the instructions here: http://www.uscis.gov/files/form/I-131instr.pdf the reentry permit would expire on the date you would have to apply to lift conditions. Can you not put it off for a year or two and become a citizen? Then you can come and go freely. Even if you wait until you have the unconditional green card the re-entry permit will only be valid for 2 years.

The other option is to just give up your permanent residency. Should you decide to return to the US later you can make use of DCF which will save you quite a bit of time, so long as your spouse is a legal resident in the UK.

[cca 13]

Thank you for your response.

We are thinking of a lot of different options ect. What is a DCF though?

thank you

Edited June 15, 2009 by cca

[Nich-Nick 3,354]

Oh wow...after the long expensive visa journey to get here, you're going back in a couple of months for 2-3 years. And you might have to start all over with a new application process? Is this a change of original plans? Will the medical studies even transfer and qualify you for immediate employment over here if that's the goal? Does NHS pay for it because because they expect you to work in the NHS for a period of time or will they train you free to take your skills to another country? Just curious. Sorry I don't have an answer to what you asked.

[imaisha 1]

Thank you for your response.

We are thinking of a lot of different options ect. What is a DCF though?

thank you

DCF stands for direct consular filing. You're basically avoiding filing at one of the USCIS service centers in the U.S. and they ajudicate the I-130 in London. Oh and you avoid NVC as well. It's a win win. You can find instructions about the process for London here: http://www.usembassy.org.uk/dhs/uscis/i130filing.html You'll see on the right side of that page that they process the I-130 in under a month generally, rather than the 6 months if you're lucky that you get from somewhere like VSC.

Your spouse must have legal residency in the UK for at least 6 months though, so keep that in mind.

Edited June 15, 2009 by imaisha